Plaintiff suffers hemiparesis after revision back surgery. $1.7M. Ventura County.
Cervical herniation occurs during lumbar surgery; delay in surgical treatment is said to cause hemiparesis.
- Case Name: Tannia Delapaz v. Roe Orthopedic Surgeon
- Court and Case Number: Ventura County Superior Court / 56-2015-00467870-CU-MM-VTA
- Date of Verdict or Judgment: Thursday, December 19, 2019
- Date Action was Filed: Thursday, May 14, 2015
- Type of Action: Medical Malpractice
- Judge or Arbitrator(s): Hon. Henry Walsh
- Plaintiffs: Tannia Delapaz, 39.
- Defendants: Roe Orthopedic SurgeonRoe Orthopedic Surgeon's Spinal Center
- Type of Result: Jury Verdict
- Gross Verdict or Award: $1,728,016
- Net Verdict or Award: $2,149,016
- Economic Damages:
- Non-Economic Damages:
- Post Trial Motions & Post-Verdict Settlements: Approximately $421,000 additional to plaintiff in CCP 998.
- Attorney for the Plaintiff:
Levitt Leichenger & Aberle LLP by Daniel A. Spitzer and David B. Leichenger, Beverly Hills.
- Attorney for the Defendant:
Reback McAndrews Blessey by Thomas McAndrews, Manhattan Beach.
Taylor DeMarco LLP by N. Denise Taylor, Los Angeles.
- Plaintiff’s Medical Expert(s):
Sylvain Palmer, M.D., neurosurgery, Mission Viejo.
Michael Gold, M.D., neurology.
David Patterson, M.D., physiatry, Pomona.
Judy Ho, Ph.D., neuropsychology.
- Defendant's Medical Expert(s):
Lawrence Shuer, M.D., neurosurgery, Stanford.
Andrew Woo, M.D., neurology, Santa Monica.
Suzy Kim, M.D., physiatry.
Kyle Boone, Ph.D., neuropsychology, Torrance.
- Plaintiff's Technical Expert(s):
David Fractor, Ph.D., economics.
Anne Barnes, RN, life care planning.
Enrique Vega, vocational rehabilitation.
Facts and Background
- Facts and Background:
Plaintiff went in for a revision lumbar microdiscectomy. While patient was under general anesthesia, her C5-C6 became herniated. Defendant surgeon did not perform decompression for almost four days.
- Plaintiff's Contentions:
That defendant surgeon violated the standard of care by not performing decompression surgery on plaintiff's cervical spine within 24 hours, resulting in significant residuals.
- Defendant's Contentions:
That the requirement to operate was not emergent, so the delay was acceptable; that it would have made no difference if she was operated on sooner (causation); that much of the injury was pre-existing due to a prior lumbar condition, and that plaintiff was fabricating her symptoms for attention and acceptance.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:
Demands and Offers
- Plaintiff §998 Demand: $1,000,000